Legal Opinion
In re Kirchner
California Court of Appeal, 4th District
Decided February 23, 2016No. D067920PublishedCited by 8 opinions
1Opinion of the CourtBenke, J.
*1404The district attorney appeals the trial court's order granting Kristopher Kirchner's petition for habeas corpus. The trial court correctly concluded the holdings of Miller v. Alabama (2012) 567 U.S. ----, [132 S.Ct. 2455, 183 L.Ed.2d 407] (Miller ) and People v. Gutierrez (2014) 58 Cal.4th 1354, 171 Cal.Rptr.3d 421, 324 P.3d 245 (Gutierrez ) apply retroactively in state collateral proceedings such as the one presented here and that the Eighth Amendment of the United States Constitution requires that when inmates, such as Kirchner, are serving life terms for crimes committed while they were…
2Cases cited15 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Lockett v. OhioSupreme Court of the United States · 1978
- Miller v. AlabamaSupreme Court of the United States · 2012
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Woodson v. North CarolinaSupreme Court of the United States · 1976
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3Cited by8 opinions
- People v. GibsonCalifornia Court of Appeal · 2016
- People v. BergCalifornia Court of Appeal · 2016
- People v. Berg, California Court of Appeal, 5th District2019
- In re WilliamsCalifornia Court of Appeal · 2020
- People v. BergCalifornia Court of Appeal · 2016
3 more not listed; retrieve them via the Exa API.